What legal recourse do I have against an employer's random drug testing? for Questionland Seattle

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What legal recourse do I have against an employer's random drug testing?

I work for a national non-profit who announced this week that they would begin randomized drug screening for everyone who is authorized to drive for the organization (non-drivers are not subject to this policy). This goes into effect in about a month. They told us that about 15% of the eligible workforce would be tested per year, and that if you were randomly selected you have 2 HOURS to comply. Do i have any recourse for refusing to be tested without my employment being at risk? I love my job, but I think this policy stinks.

Wallycard asked in Legal about 1 year ago | Report

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rickibot

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That's a sticky wicket, Wallycard. Drug testing of employees is not regulated by one clear law - different agencies have different rules, and laws vary state to state. But testing for a clear business purpose (which they may or may not have, but it sounds like they do on the face of things) is going to be hard to challenge. Your employer has a goodly amount of protection here because they are testing a group of employees (drivers) in a 'safety-sensitive' position with the organization. Randomly testing a small portion of the driver population is also going to be much cheaper than testing 100% of the drivers, even though a policy like that will serve to heighten the stress for some employees.

The typical challenges to drug testing in the workplace are illegal search and seizure (4th amendment), invasion of privacy, etc. You'd have to create a big stink to change this policy, and big lawsuits don't tend to make workplaces comfortable. Has the organization touched upon refusing to be tested in their announcement(s) about the new policy? If you refuse, it's likely that they can/will just fire you unless you can come up with some mitigating circumstances (i.e. medical marijuana, etc.) Even then, I don't know how that will go over with your employer. If you're an at-will employee, your employer doesn't need a reason at all to let you go, let alone a positive drug test.

I know you hate this policy, and I, for one, am not on board with regulating what employees do when they are not at work (and I'm in HR, if that helps). However, your company has a pretty strong argument for testing - most recreational drugs are still illegal, and they've got employees who drive for them, not just those who ride a desk or man a phone. Your options appear to be (1)getting tested if chosen, (2)moving to a non-driving position within the organization to avoid testing, (3)quitting and driving for someone else, or (4) refusing to be tested if chosen and hope that flies. There's unpopular option #5 of stopping recreational drug use and sailing through your tests, thus keeping the job you love, but again, man, it's your free time. Good luck.

rickibot answered in Legal about 1 year ago | Report

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